Regulatory Updates
The following agencies have announced final rules or are considering changes to the existing rules and regulations. When announcing proposed changes to rules, federal agencies are required to have a “public comment” period. Details about the submission of public comments are available on the agency’s websites.
- Department of Homeland Security: Finalized Appendix A to Chemical Facility Anti-Terrorism Standards
- Department of Transportation: Shipment of Lithium Batteries
- Environmental Protection Agency: Spill Prevention, Control, & Countermeasure Plans
Department of Homeland Security (www.dhs.gov)
Appendix A to 6 CFR 27 Chemical Facility Anti-terrorism Standards
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On Friday, November 2, the federal Department of Homeland Security (DHS) released (through a pre-publication notice) the final Appendix A to the Chemical Facility Anti-terrorism Standards (6 CFR 27). This Appendix is the List of Chemicals of Interest and associated screening threshold quantities. Publication of the final list (Appendix A) in the Federal Register will trigger the 60 day period for facilities that possess greater than the Screening Threshold Quantity (STQ) of any listed chemical to register and file with the Department of Homeland Security using Top Screen, the DHS online tool.
More resources
- View the archived EORM webcast
- Read more about the new standard in the EORM Priority Press article: Preparing to Meet the New Chemical Facility Anti-terrorism Standards
- More information is available on the Department of Homeland Security website at www.dhs.gov/chemicalsecurity.
Department of Transportation (www.dot.gov)
Shipment of Lithium Batteries
On August 9, 2007, the Pipeline and Hazardous Material Safety Administration (PHMSA) agency of the Department of Transportation (DOT) announced the final rule for the transport of lithium batteries. PHMSA stated that the Hazardous Materials Regulations (HMR) was amended to “tighten” the safety standards for the transportation of lithium batteries, including both primary (non-rechargeable) and secondary (rechargeable) lithium batteries. The effective date of the amendments is January 1, 2008.
The final rule adopts the amendments in the interim final rule published on December 15, 2004, imposing a limited prohibition on the transport of primary lithium batteries and cells as cargo aboard passenger aircraft. In addition, proposed changes to the HMR were also adopted that call for:
- Eliminating a hazard communication and packaging exception for medium size lithium cells and batteries of all types transported by air or vessel, and;
- Revising an exception for small lithium batteries and cells of all types to require testing in accordance to the United Nations Manual of Tests and Criteria, and;
- Revising an exception for consumer electronic devices and spare lithium batteries of all types carried by airline passengers and crew.
The amendments will enhance transportation safety by reducing fire hazards associated with lithium batteries and “harmonize” U.S. and international standards.
View the new DOT rule (PDF 190K)
Environmental Protection Agency (www.epa.gov)
Spill Prevention, Control, & Countermeasure Plans (SPCC)
On October 1, 2007, EPA Administrator Stephen L. Johnson signed a proposed rule to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112. With these proposed changes, EPA intends to provide clarity, and customize or streamline requirements as appropriate in order to encourage greater compliance with the SPCC regulations.
Redefining a “Facility”
In most instances, the SPCC planning requirements apply to facilities that exceed a certain aggregate capacity for oil storage at a single facility. There have been concerns raised by industry sectors and other regulated facilities over how to aggregate or separate containers, equipment, buildings, and other components in determining applicability. The EPA proposes to modify the definition of “facility” by adding the phrase, “Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities.” In the EPA’s current enforcement guidance, the EPA already provides some discretion on delineating a facility based on factors such as ownership, management, or operation [see SPCC Guidance for Regional Inspectors, Version 1.0, November 28, 2005]. The agency believes that the revised definition will make it easier for regulated facilities to sort out SPCC applicability.
Facility Diagrams
The EPA is proposing to amend the facility diagram requirements at 40 CFR 112.7(a)(3). The revision would require that the facility diagram include all “fixed” containers. The facility would only need to mark the areas where mobile or portable containers are stored. The operator would be required to mark the number, contents, and capacity of portable containers either on the diagram or within the SPCC plan. The rules would also be modified to allow the use of a key for providing specific details of facility diagrams at complex facilities.
Tiered Planning
In response to comments from their December 12, 2005 proposal (70 FR 73524), the EPA is proposing to streamline the planning requirements by establishing a multi-tiered approach. The level of regulation would depend on total storage capacity.
- Tier I (capacities between 1,320 and 5,000 gallons) – No written plan, no Professional Engineer (PE) certification, but must adhere to all other SPCC requirements.
- Tier II (between 5,001 and 10,000 gallons) – Written plan required, but no PE certification. Also standardized plans could be adopted by facilities that conform to standard design and operational procedures.
- Tier III (greater than 10,000 gallons) – Written plan with PE certification.
Other Changes
The agency is also proposing numerous other amendments—some will apply to all facilities, while others offer flexibility to specific facilities. These amendments include:
- Adding a definition of “loading/unloading racks” to clarify the scope of equipment subject to the planning requirements
- Amending the secondary containment requirements for clarity
- Revising the integrity testing requirements for containers storing animal fatty oils or vegetable oils
- Excluding hot-mix asphalt
- Exemptions for certain containers at farms
- Exemption for heating oil containers at single-family residences
View the proposed rule online at www.epa.gov/oilspill/spcc_oct07.htm.
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